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156 APPROPRIATIONS
123 STAT. 3456 PUBLIC LAW 111–118—DEC. 19, 2009
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of a function to performance by a contractor pursuant to a study conducted under Office of Management and Budget (OMB) Circular A–76 once all reporting and certifications required by section 325 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84) have been satisfactorily completed.
SEC. 8118. (a)(1) No National Intelligence Program funds appro- priated in this Act may be used for a mission critical or mission essential business management information technology system that is not registered with the Director of National Intelligence. A system shall be considered to be registered with that officer upon the furnishing notice of the system, together with such information concerning the system as the Director of the Business Trans- formation Office may prescribe.
(2) During the current fiscal year no funds may be obligated or expended for a financial management automated information system, a mixed information system supporting financial and non- financial systems, or a business system improvement of more than $3,000,000, within the Intelligence Community without the approval of the Business Transformation Investment Review Board.
(b) The Director of the Business Transformation Office shall provide the congressional intelligence committees a semi-annual report of approvals under paragraph (1) no later than March 30 and September 30 of each year. The report shall include the results of the Business Transformation Investment Review Board’s semi- annual activities, and each report shall certify that the following steps have been taken for systems approved under paragraph (1):
(1) Business process reengineering.
(2) An analysis of alternatives and an economic analysis that includes a calculation of the return on investment.
(3) Assurance the system is compatible with the enterprise- wide business architecture.
(4) Performance measures.
(5) An information assurance strategy consistent with the Chief Information Officer of the Intelligence Community.
(c) This section shall not apply to any programmatic or analytic
systems or programmatic or analytic system improvements.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8119. In addition to funds made available elsewhere in this Act, there is hereby appropriated $291,715,000, to remain available until transferred: Provided, That these funds are appro- priated to the ‘‘Tanker Replacement Transfer Fund’’ (referred to as ‘‘the Fund’’ elsewhere in this section): Provided further, That the Secretary of the Air Force may transfer amounts in the Fund to ‘‘Operation and Maintenance, Air Force’’, ‘‘Aircraft Procurement, Air Force’’, and ‘‘Research, Development, Test and Evaluation, Air Force’’, only for the purposes of proceeding with a tanker acquisition program: Provided further, That funds transferred shall be merged with and be available for the same purposes and for the same time period as the appropriations or fund to which transferred: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further, That the Secretary of the Air Force shall, not fewer than 15 days prior to making transfers using funds provided in this section, notify the congressional defense committees in writing of the details of any such transfer: Provided further, That
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